UK visa ban based on an allegedly non-genuine Dutch permit

8/29/2018 7:16:44 PM

Your passport contained a Dutch permit that the UK authorities believe to have been issued to another person.

Firstly, you should consult with a competent immigration lawyer based in the UK. You should make efforts to obtain a Document Verification Report from the UKVI which would look something like this DVR Sample. This would contain the checks performed by the UKVI which led them to their conclusions. If you think this has been an innocent mistake by the Dutch Alien police, you will need some sort of documentary evidence to shift the burden of proof back on the UKVI.

Second, if the permit is indeed false (that means there was dishonesty involved), according to the Courts, the application would still fall to be refused under 3.6(a) because it is not necessary that the deception has been used by the applicant or that he/she is aware of that deception. In this case, you will need to make a new application (the second one) and show that the applicant was unaware that the permit was non-genuine. Refusals under 3.6(b) require knowledge of the applicant to the dishonesty. Your friend will need have to provide some evidence to show she did not know this was a false document to shift the burden of proof back on the UKVI.

To sum it up, if it there was an honest mix up, there should be no refusal. If there was deception by the Dutch police (or anyone other than the applicant), the first application would be refused under 3.6(a) but not the second under 3.6(b). If your friend was aware of the deception, the ban will not be overturned.

This is a complicated matter and would be better handled by a competent immigration attorney.

Reference: https://www.bailii.org/ew/cases/EWCA/Civ/2010/773.html

8/29/2018 10:42:19 AM

Get a competent immigration attorney. There is little point soliciting opinions on such a delicate and complex matter online from nameless faceless people of varying and/or questionable competence.

Alternatively you can try to save yourself a pretty penny by complaining using the email [email protected] which can be found on the UK Visas and Immigration Complaints Procedure webpage.

Apparently they take complaints seriously because about one month or so ago I lodged a complaint with UK Border Force and it was handled very professionally and promptly and in my favor. My case however was not as serious as yours hence the recommendation to use an immigration solicitor.

Credit:stackoverflow.com‘

About me

Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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